HomeMy WebLinkAbout1989-09-21 Board of Zoning Adjustment MinutesBOARD OF ZONING ADJUSTMENT
Thursday, September 21, 1989
6:00 P.M.
All members of the Board of Zoning Adjustment were present:
'Gary Brenner, Floyd Best, Eugene Richardson, Janet Keating
and Jim Wedua.
Rick Turner, 3200 N.W. Vivion Road, appeared before the board
for two variances to build a building on his property. His
is asking for a 4' variance on the street side (2' set back)
and a 13' variance on the rear (2' set back). The rear
being defined as the east side.
Mr. Turner presented a letter from John Renner-the east
property owner giving his o.k..
Sandra Kuhlman, from the audience, asked the board to explain
to the audience the reason for the requested variance. Board
chairman, Janet Keating explained the variance requests.
Don Witt, city attorney, answered a question from Mr. Frank
Martin, 4406 N.W. Pawnee, regarding fire code set-backs.
Mr. Witt said there appeared to be no problem.
Floyd Best moved that due to the unusual nature of the existing
property and right-of-ways, that the variances be approved.
Jim Wedua seconded and it was unanimously approved.
Jim Davis, 2404 Osage Circle, Riverside, Mo, appeared before
the board asking for a variance on two properties located in
a cul-de-sac at 1906 and 1907 N.W. 45th Terr. He is asking
a variance on front yard set-back from 35' from the property
line to 35 feet from the street. (12' variance). And a variance
on width from 100' to 70' on both properties.(30' variance).
John West, 4502 N.W. Pawnee, asked what the set-backs on the
two adjoing lots were being lots 4 and 7. A Terry Bennett from
the audience answered lot 4 was 43' and lot 7 at 57.5'.
Mr. West asked what Mr. Davis was actually asking for and
chairman Janet Keating explained the requests.
Mr. Dale Shirley, from the audience, asked how far from the
street Mr. Davis proposed set-backs would be and Mr. Davis
answered 35'.
Cathleen Haley, from the audience, asked Mr. Davis which other
homes may have closer set-backs that what his is asking for.
Mr. Davis began to reply, 4501 N.W. Pawnee had 42', at which
time Mrs. Keating asked to keep his remarks which only applied
to the homes in the cul-de-sac.
Page 2
Sept. 21, 1989
Mr. Terry Bennett, from the audience, asked if the lots were
wide enough to set the houses back like the other homes and
that he was against having these homes closer to the street
than the other homes in the cul-de-sac.
Janet Keating asked Mr.Witt to clari~y the front width
measurement and that it is from the front of the home and
not the street footage.
Mr. Kuhlman, from the audience, asked for the reason of the
variance and Mr. Davis replied that he wanted to keep from
adding any fill.
Mr. Witt asked the audience to sk their questions one at a time
and to try to stay on the subje~t of the variance.
Frank Martin, 4406 N.W. Pawnee, asked if the board grants
variances even if it conflicts with the neighborhood
restrictions. Mr. Witt said it would be up to individual owners
to persue this in courts. Mr. Witt said the stricter of the
two generally apply.
Mr. Kulhman asked Mr. Witt if the subdivision rules continue
in force or need to be re-newed. Mr. Witt said it specified
this expired December 31, 1994.
David Burford, 1902 45th Terr, asked what the projected selling
price of the homes would be. and Mr. Davis said $113,000.00
would be his building cost.
Mr. Bennett asked what the main floor square footage would be
and Mr. Davis replies 1,335 square foot on both houses.
Mr. Martin, asked if the house would be built to sub division
regulation and Mr. Davis did not give a clear answer.
Mr. Best explained the board is only conviened to decide the
set-back variances.
Mr. Bennett, asked if it was pertinent that all the other houses
in the cul-de-sac were set-back and the houses on either side
expecially. J11Y• Besr Rcplird -th~3 wAS /1 Ct~ns/CI~~~~~oN.&~
Mr. Dale Shirley, 1904 N.W. 45th, said his concern was moving
thehouse forward would give th,e appearance of a crowded cul-de-
sac.
t 6.3.
Mr. Witt read the law a~re}~board follows (the guidelines).
Mrs. Kulhman asked if it requires approval from the adjacent
homwowners and Mrs. Keating replied that it was not.
Mr. Burford asked if Mr. Davis has proved he has a burden
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September 21, 1989
of proof he needs for a set back variance.
Floyd Best replied that that is what the board was trying to
decide.
John West said he thought the variance would be unfair to the
adjoining homeowners.
Mr. Best moved we table this matter and schedule another meeting
to decide. Jim Wedua seconded. Votes were as follows: Richardson,
Brenner and Keating voted no. Mr. Wedua and Best vote yes.
Motion failed.
Mrs. Keating explained she felt Mr. Davis had failed to proud,.
!~r~ship and needing a variance. Mrs. Ke~timg therefore made a motion to decline
the variances on both properties for width and set-backs. Mr. Richarson
seconded,. The motion carried unanimously.
Brenner made a motion to adjourn the meeting, Richardson seconded and meeting
adjourned at 6:58 P.M.
Gary Brenner
Secretary
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